On The Convention On Freedom Of Association And Protection Of The Right To The Org.

Original Language Title: On The Convention On Freedom Of Association And Protection Of The Right To Org.

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38852&nr=489~2F1990~20Sb.&ft=txt

489/1990 Coll.



The COMMUNICATION FROM the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs says that the 9 July. July

1948 was on 31. meeting of the General Conference of the international organization

the work received the Convention on freedom of Association and protection of the rights of the Union,

organise (No 87). The ratification of the Convention by the Czechoslovak Socialist

Republic was registered on 21. January 1964 by the Director General

The International Labour Office. According to its article 15 of the Convention entered for

The Czechoslovak Socialist Republic in force on 21. January

1965.



Czech translation of the Convention shall be published at the same time.



Convention No. 87



Convention concerning freedom of Association and protection of the right to organise



The General Conference of the International Labour Organization, which was convened

the Administrative Council of the International Labour Office to San Francisco and there met

17 May. in June 1948, at its thirty-first session,



rozhodnuvši take the form of a Convention, certain proposals concerning freedom of

Association and protection of the right to organise, which are the seventh

the point of the agenda of the meeting,



considering that the preamble to the Constitution of the international organization of work

announces the recognition of the principles of freedom of association as a means to improve the

conditions of employment and ensure peace,



considering that the Declaration of Philadelphia reaffirms that "freedom of the

of expression and Association is a necessary condition for steady progress ",

(b)



erouc in mind that the International Labour Conference at its thirty-

the meeting unanimously approved the principles that could form the basis of

International adjustments



taking into account that the General Assembly of the United Nations on its second

the meeting adopted the following principles in their and called international organization

the work, to put all their efforts in order to be able to accept

one or more of the international conventions,



accepts 9 June. in July 1948, the Convention, which will be referred to as the Convention

on freedom of Association and protection of the right to organise, 1948:



PART I.



Freedom of Association



Article 1



Each Member State of the International Labour Organisation for which this

Convention, undertake to carry out the following provisions.



Article 2



Workers and employers, without any difference shall have the right, without

prior approval set the Organization of their choice, as well as

become members of such organizations, and for the only conditions that

subordinate statutes of these organizations.



Article 3



(1) the Organization of workers and employers have the right to draw up their

statutes and rules, to elect their representatives freely, organize

its administration and activities and to formulate their programmes.



(2) public authorities shall refrain from any interference which would restrict this

the right or prevent it from legal execution.



Article 4



The Organization of workers or employers, are not subject to dissolution or

the suspension of the activities of the administrative channels.



Article 5



Organizations of workers and employers have the right to set up a Federation and

the Confederation, as well as the State of their members, and each organization, the Federation of

or Confederation has the right to become a member of international organisations

of workers and employers.



Article 6



The provisions of the above articles 2, 3 and 4 shall apply to the Federation and

the Confederation of organizations of workers and employers.



Article 7



The acquisition of the status of legal persons, organisations of workers or

employers, their federations of cannot be subordinate to

such conditions, which restricted the implementation of the provisions of the above

referred to in articles 2, 3 and 4.



Article 8



(1) when exercising the rights that are granted to them by the Convention, it must

workers, employers and their respective organisations, like other

persons and organized groups, ensure legality.



(2) national legislation may not restrict, nor must it be

applied so as to limit the guarantees provided for by this Convention.



Article 9



(1) the extent to which the guarantees arising from this Convention, applied in

the armed forces and the police, will be provided for by national

legislation.



(2) in accordance with the principles set out in paragraph 8 of article 19 of the Constitution of the international

Organization of work on the ratification of this Convention cannot be certain Member

the State considered that touches any of the existing law,

the Court's decision, customs or the agreement, on the basis of which provide

members of the armed forces and the police of the rights guaranteed by the Convention.



Article 10



In this Convention, the word "organization" means any organization of workers

or employers, which aims to promote and defend the interests of the

workers or employers.



PART II.



Protection of the right to organise



Article 11



Each Member State of the International Labour Organisation for which this

the Convention, undertakes to take all necessary and appropriate measures to

to ensure that workers and employers of the free exercise of the rights

to organise.



PART III.



Various measures



Article 12



(1) in respect of the territories referred to in article 35 of the Constitution of the international organization

work, modified by the Act amending the Constitution of the International Labour Organization of the year

in 1946, with the exception of the territory referred to in paragraphs 4 and 5 thereof as follows

the amended article, each Member State of the organisation which ratifies

This Convention shall be sent to the Director of the International Labour Office

at the same time with the ratification of the Convention or in the shortest possible time after the

ratification a declaration stating:



and territories in respect of which) is committed to implementing the provisions of the Convention without

the changes,



(b)), in which the territory is committed to implement the provisions of the Convention, subject to the

changes and details about these changes,



(c)) the territories to which it is not possible to implement the Convention, and in these cases the

the reasons for which it is not possible to carry out,



(d)) territories for which reserves its decision.



(2) the obligations referred to under letters a and b)) of the first paragraph of this article

will be considered as an integral part of the ratification and to have the same

effects.



(3) each Member State may at any time a new statement in whole or

in part, give up the reservations contained in its original statement on the basis of the

the provisions in subparagraphs (b)), c) and (d)) of the first paragraph of this article.



(4) each Member State may, in the periods during which the Convention

terminate pursuant to the provisions of article 16, be sent to the Director of the new

the declaration modifying in any other respect the text of any

the previous statement and giving the information about the current situation in such

territories.



Article 13



(1) if the questions covered by the Convention fall within the custom

the powers of the nemetropolitního territory, the Member State responsible for

the international relations of that territory in agreement with the Government of this territory can

send to the Director the International Labour Office a Declaration on behalf of the

the territory of the acceptance of the obligations contained in this Convention.



(2) the Declaration of acceptance of the obligations contained in this Convention may be

sent to the Director-General of the International Labour Office:



and) two or more Member States of the Organization of the territory falling under

their joint power,



(b) each international authority, find) for the administration of a territory

on the basis of the provisions of the Charter of the United Nations or any other

the applicable provisions concerning the territory.



(3) the Statement sent by the Director-General International Labour Office

in accordance with the provisions referred to in the preceding paragraphs of this article shall

indicate whether the provisions of the Convention will be implemented on a given territory without

changes, or change, if in the statement that the provisions of the

the Convention will be carried out, it must be detailed, in what

These changes are based.



(4) a Member State, the Member States or competent international authority may

in the periods during which you can denounce this Convention in accordance with the provisions of the

Article 16, send to the Director a new statement amending the

any other direction the text of any previous declarations and

containing information about the current status regarding the implementation of this Convention.



PART IV.



Final provisions



Article 14



The formal ratifications of this Convention shall be communicated to the Director-

The International Labour Office and written by him.



Article 15



(1) this Convention undertakes to only the Member States of the international organization

labour, whose ratification has been registered by the Director General.



(2) shall take effect twelve months after the date the Director writes

the ratification of the two Member States.



(3) For every other State, this Convention shall enter into force twelve months after the

the date on which its ratification has been registered.



Article 16



(1) each Member which has ratified this Convention, it may

terminate after a period of ten years from the date on which this Convention became for the first time

the effectiveness of written communication to the Director General of the International Office

work that is writes. Termination shall take effect one year after the date on which the

It was registered.



(2) any Member State which has ratified this Convention and which does not apply

rights to terminate her under this article during the year following the

the expiry of the period of ten years mentioned in the preceding paragraph, the

by the Convention for the next ten-year period and then it will be able to terminate
always after the expiry of the 10-year period, under the conditions laid down in this

article.



Article 17



(1) the Director General of the International Labour Office shall notify all the Member

States, the International Labour Organisation the ratification of the Declaration, registration of all

and depositions, which he shall communicate to the members of the organization.



(2) when the Member States of the Organization to communicate to write the second

ratification, which was notified to the Director General, notify the Member

States of the Organization to the date when this Convention enters into force.



Article 18



Director General of the International Labour Office shall notify the

the Secretary-General of the United Nations for registration in accordance with article 102 of the Charter of the United

Nations full particulars of all ratifications, declarations and statements

which enrolled under the provisions of the preceding articles.



Article 19



Always, if considered necessary, the Board of the International Office

work shall submit to the General Conference a report on the implementation of this Convention, and

examine whether it is desirable to put on the agenda of the General Conference

the question of its full or partial revision.



Article 20



(1) if the General Conference adopt a new Convention revising or completely

partly this Convention and does not appoint a new Convention otherwise:



and the ratification of the revising Convention) new Member State causes the ipso jure

immediate denunciation of this Convention, notwithstanding the provisions of article 16, and

with the proviso that the new revising Convention enters into force,



(b)), from the time when the new revising Convention enters into force, this Convention shall

Member States shall cease to be open to ratification.



(2) this Convention shall remain in force, however, as to form and content for those

Member States which have ratified it, and that have not ratified the revising

the Convention.



Article 21



The English and French texts of this Convention are equally authentic.